State v. Blue
This text of 591 So. 2d 1172 (State v. Blue) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE of Louisiana
v.
Thomas L. BLUE.
Supreme Court of Louisiana.
PER CURIAM.
Granted in part; denied in part.
Defendant's sentence of 12 years at hard labor for molestation of a juvenile over whom he had control or supervision in violation of LSA-R.S. 14:81.2 is vacated and this case is remanded for resentencing.
The record of sentencing does not demonstrate adequate compliance with LSA-C.Cr.P. art. 894.1 nor provide a factual basis for imposition of a near maximum term of imprisonment for the defendant, a first offender convicted for a single incident of molestation.
Upon resentencing, the district court should comply with LSA-C.Cr.P. art. 894.1 as amended by Act 22 of 1991, which requires consideration of the sentencing guidelines promulgated by the Louisiana Sentencing Commission in determining the appropriate sentence to be imposed.
In all other respects, the application is denied.
MARCUS and COLE, JJ., would deny the writ.
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591 So. 2d 1172, 1992 WL 3727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blue-la-1992.